The Sandra Bland Act ( S . B . 1849 )
S . B . No . 1849 An Act relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses , to the confinement , conviction , or release of those individuals , and to grants supporting populations that are more likely to interact frequently with law enforcement .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS : ARTICLE 1 . SHORT TITLE
SECTION 1.01 . SHORT TITLE . This Act shall be known as the Sandra Bland Act , in memory of Sandra Bland .
ARTICLE 2 . IDENTIFICATION AND DIVERSION OF AND SERVICES FOR PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS , AN INTELLECTUAL DISABILITY , OR A SUBSTANCE ABUSE ISSUE
SECTION 2.01 . Article 16.22 , Code of Criminal Procedure , is amended to read as follows :
Art . 16.22 . EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [ MENTAL RETARDATION ]. ( a )( 1 ) Not later than 12 [ 72 ] hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff ' s custody has a mental illness or is a person with an intellectual disability [ mental retardation ], including observation of the defendant ' s behavior immediately before , during , and after the defendant ' s arrest and the results of any previous assessment of the defendant , the sheriff shall provide written or electronic notice of the information to the magistrate . On a determination that there is reasonable cause to believe that the defendant has a mental illness or is a person with an intellectual disability [ mental retardation ], the magistrate , except as provided by Subdivision
( 2 ), shall order the local mental health or intellectual and developmental disability [ mental retardation ] authority or another qualified mental health or intellectual disability [ mental retardation ] expert to : ( A ) collect information regarding whether the defendant has a mental illness as defined by Section 571.003 , Health and Safety Code , or is a person with an intellectual disability [ mental retardation ] as defined by Section 591.003 , Health and Safety Code , including information obtained from any previous assessment of the defendant ; and ( B ) provide to the magistrate a written assessment of the information collected under Paragraph ( A ).
( 2 ) The magistrate is not required to order the collection of information under Subdivision
50